Understanding Ohio’s Recent THC Definition Rule Update and the Ohio Adult-Use Act

Understanding Ohio

The Medical Marijuana Control Program (MMCP) in Ohio, as per the Ohio Revised Code/Ohio Administrative Code 3796, has recently provided guidance on an administrative rule update. This update includes a new definition of “THC” and revises the definition of “THC Content” in Ohio Admin. Code 3796:1-1-01.

A legal analysis by the Ohio Attorney General outlines the citizen-initiated proposal to amend Ohio law. This proposal, known as the “Ohio Adult-Use Act,” aims to extend the current medical marijuana program to include non-medicinal adult use. It proposes a highly regulated framework for the growth, processing, distribution, and sale of marijuana and marijuana products for individuals aged 21 and over.

The Ohio Attorney General’s Office has certified a petition for a proposed statute to expand legal marijuana use in Ohio. This initiative, detailed in a news release, aims to control and regulate cannabis use by adults by adding a new chapter to the Ohio Revised Code.

The Ohio Medical Marijuana Control Program offers a helpline to respond to inquiries from patients, caregivers, and health professionals regarding medical marijuana use, adverse reactions, and available services. This helpline is part of the state’s commitment to ensure safe access to medical marijuana.

Significant changes were also introduced on April 17, 2020, regarding the calculation of a patient’s 90-day supply of medical marijuana, as per rules 3796:7-2-04 and 3796:8-2-04 of the Administrative Code. These changes, highlighted on the medical marijuana website, replace all previous methods for calculating a patient’s 90-day supply.

Ohio House Bill 523, enacted in 2016, legalized medical marijuana in Ohio and established the OMMCP. The program allows individuals with certain medical conditions to purchase and use medical marijuana upon recommendation by an Ohio-licensed physician. More details about this can be found on the Ohio Medical Board website.

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Lastly, Section 3796.28 of the Ohio Revised Code outlines the rights of employers in relation to medical marijuana use. It addresses employer requirements, accommodations, and restrictions regarding an employee’s use, possession, or distribution of medical marijuana.

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